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EB-2 NIWBusiness and managementIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN102024_07B5203

Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

Business manager and tourism enthusiast sought EB-2 with national interest waiver. AAO dismissed appeal because petitioner failed to establish eligibility for underlying EB-2 classification; only two years management experience documented versus five years required, and occupation qualification as profession not established.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedNot reached; petitioner failed to establish underlying EB-2 qualification as advanced degree professional
Well positionedNot reached / not discussedNot reached; petitioner ineligible for waiver due to failure of underlying classification
Balance favors a waiverNot reached / not discussedNot reached; petitioner ineligible for waiver due to failure of underlying classification

A published decision describes one case. It is not legal advice and not a prediction for yours.

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